The figure of the witness in international criminal tribunals : memory, atrocities and transitional justice /: memory, atrocities and transitional justice. (2022)

• Record Type: Book
• Further Information: Note: Benjamin Thorne.
• Authors: Thorne, Benjamin
• Contents: Introduction Chapter Introduction Defining Transitional Justice Context Research Data and Method Structuring the Argument Chapter One: Memory, Witnesses and International Criminal Institutions Introduction Origins of the Practice of Transitional Justice: Nuremberg and the Exceptional use of International Law The symbolic representation of Nuremberg and Human Rights Eichmann: Law and the Need for Witnesses to Remember A Discourse of Transitional Justice Scholarship: From International Justice to Local Justice Via International Norms International Criminal Tribunals and Courts: Witnesses and Testimonial Evidence International Criminal Tribunal for Rwanda and Defining Legal Witnesses Conclusion - International Legal Institutions: Spaces of Memory Construction Chapter Two: Conceptualising the way Legal Witnesses Remember Mass Human Rights Violations Introduction Law and the ‘Grey Zone’ of Witnessing Bearing Witness The Grey Zone: Law, Ethics and Legal Witnesses The ‘Muselmann’: the lacuna of law and justice or legal witnessing as ‘Judgment’ Theoretical lens: conceptualising legal witnessing Memory: Individual and Collective Components Manipulated Memory From Agamben and Ricoeur to an original conceptual framework: analysing the way legal witnesses remember at the ICTR Discourse and Legal Archives i The ICTR’s ‘Black Box’: Opening up the archives The legal production of knowledge Bringing together the theory, ‘Black Box’ and the analysis Conclusion Chapter Three: The Discursive Battleground of Legal Witnessing, Or, The Active Witness and Their ‘Right to Truth’ Introduction Nowhere and Everywhere: The Discursive Reach of the Witness at the ICTR ‘Bears in a China Closet’: The discursivity of investigations and indictments The Right to Truth: Who’s Speaking? Mass Atrocities and the Right to Truth Victims-Witnesses The discursivity of the ‘witness’ vs the right to truth: universality, agency and collective legal stories Conclusion Chapter Four: Memories of Violence and the Limitations of Law Introduction Law, Genocide and Legal Memories of Mass Violence The ICTR and the crime of Genocide Genocidal violence: Layers and fluidity of events, actions and agents Beyond Law: The Plurality of Violent Memories Discursive restrictions of witness memories The ‘Grey Zone’ of legal witnessing The plurality of memory Conclusion Chapter Five: Critiquing Liberal Legality and Collective Memory Introduction Legal Actors as Memory Producers Testifying in the ‘Interests of Justice’ The discursive practices of Disclosure Producing a Legal Memory of Rape and Sexual Violence Liberal Legality and Collective Memory: A Critique A critique of advocacy for a legal collective memory of atrocities Plural vs Collective memory A Conceptual Alternative Conclusion Chapter Six: Fragments of Legal Memories Introduction Legal Archives: Plurality, Self and ‘Others’ Plural Fragments of Memory Intergenerational Transmission of Legal Memories: Words and Images Legal Memory: The Empirical Potential and Challenges of the ICTR Archive Conclusion Epilogue - An Atrocity Archive: Sensory Expression of Past-Present-Future Conclusion Introduction Why Conceptual Insights Matter Contribution to Knowledge Framing the Books Contributions Future Research Directions Bibliography Appendix Appendix One: Case Studies Appendix Two: List of Data
• Edition: 1st
• Publisher Details: London : Routledge
• Publication Date: 2022
• Extent: 1 online resource
• Subjects: 345.066; Witnesses; International criminal courts; Transitional justice; Atrocities
• Languages: English
• ISBNs: 9781000590951; 9781000590913; 9781003200130
• Related ISBNs: 9781032052809
• Notes: Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
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